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Legally, you're not allowed to repair and deduct, withhold rent, or break your lease if you caused the mold problem. Make sure to promptly report spills and leaks to your landlord, and, if you do notice mold anywhere in your apartment, let your landlord know in writing before it becomes a more serious issue.
Georgia law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within one month of the tenant's lease termination.
While Georgia doesn't have a specific law that addresses a landlord's duties or liability specific to mold, landlords are bound by a statutory duty to maintain and repair the premises as well as the 'implied warranty of habitability,' meaning that they must provide tenants with a habitable residence.
A landlord is responsible for mold in Georgia if a tenant moves into a rental property with an existing mold problem. Georgia law states that landlords are responsible for the removal of that mold.
Tenants may withhold all or part of the rent until repairs are made, depending on the seriousness of repairs. The law does not state how much or for how long a tenant can withhold rent. If rent withholding is something you are considering, it is extremely important that you do it correctly.
If your landlord fails to remove the toxic mold, you have the right to pay a professional to remove the mold and subtract the cost from your rent. This is known as repair and deduct. If you choose to go this route, keep in mind that the removal costs must be reasonable. Be sure to keep all of your receipts.